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031284 CC Reg AgP .. ".. .. ... CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 12, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM AGE N D A ~of AfI(/)1 / / ~/ ~/ L/ J - a~~" CALL TO ORDER A. Pledge of Allegiance and Prayer B. Roll Call Gagne Mayor Rascop Haugen Shaw Stover 1. APPROVAL OF MINUTES A. Regular Council Meeting - February ~, 1984 [attachment #1] 2. CITIZENS FORUM A. B. 3. INTRODUCTION OF THE NEW POLICE CHIEF Richard A. Young - 4. AMERICAN LEGION DONATION 5. DOCK LICENSE - UPPER LAKE MINNETONKA YACHT CLUB [attachment #5] 6. CONTINUATION OF PUBLIC HEARING - RAPID OIL CHANGE Applicant: Locatioll: Ed Flaherty 19465 State Highway 7 (*also refer to 2/13 & 2/27 Council Packets) [attachment #6a-Staff Report] [attachment #6b-Plan. Com. Recommendation] 7. SHOREWOOD CONDOMINIUMS - DEVELOPMENT STAGE Applicant: Location: Tingewood Inc. 5620 County Road #19 [attachment #7a-Staff Report] [attachment #7b-P.C. Recommendation] . AGEIDA MONDAY, MARCH 12, 1984 8. CHURCH ROAD - REQUEST FOR DRIVEWAY ACCESS Location: Lots 13 and 14, Minnewashta (attachment #8] 9. PLANNING COMMISSION REPORT A. B. 10. PARK COMMISSION REPORT A. B. 11. ATTORNEY'S REPORT A. Minnesota Chapter (* refer 2/27 Council Packets) B. Attorney General's Opinion (attachment #12a] 12. ENGINEER'S REPORT A. Request for Feasibility Study New signal controlled intersection (West of current Vine Hill Road intersection) (attachment #12a] 13. ADMINISTRATIVE REPORT B. CDBG Amendment to Year VIII Funds _l..JJ~ C!..~ D, 71t~px ~ ~~ A. Resolution - Administrator Resignation 14. MAYOR'S REPORT A. B. .. C.ITY OF REGULAR MONDAY, SHOREWOOD ,4It~. COUNCIL M~TING FEBRUARY L,' 1984 ::..t1tOUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 PM, February ~, 1984, in the Council Chambers of City Hall. --, PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen, and Shaw. Staff: Attorney Larson, Engineer Norton, and Clerk Kennelly APPROVAL OF MINUTES Gagne moved, Stover seconded, to approve the Minutes of the February 13,1984, Council Meeting, as corrected in the official Minute book. Motion carried unanimously. PUBLIC HEARING CONTINUED - RAPID OIL CHANGE The Public Hearing opened at 7:40 PM, with a presentation given by Miles Lindberg for Rapid Oil Change. Mr. Lindberg reviewed the the intended uses and current zoning, parking, landscaping, building changes, and drainage plans for the property located at 19465 State Highway 7 (formerly Vine Hill Floral). Mrs. Vogel of 19795 Excelsior Boulevard asked about the amount of "oil runoff" there would be from this business. Mr. Lindberg explained the storage tank that retains the used oil until a recycling pump truck removes oil from their tanks to be disposed of. Floor drains have a filter system that is according to state regulations, he felt that there would be no ground pollution With no further comment from the public, the public portion of the hearing was closed at 7:56 PM. Engineer Norton asked if MN DOT had been notified of the proposal of the two driveways to exit on Highway 7 right of way. Lindberg indicated they have not done this yet. Stover recommended the hearing be continued until response from MN DOT is obtained and until the Planning Commission can respond to the Conditional Use Permit, seconded by Rascop. Motion carried unanimously. Mr. Flaherty was in disagreement with the delay. / . 4ItEGULAR COUNCIL MINUTES MONDAY, FEBRUARY 26, 1984 page two RAPID OIL CHANGE - continued Engineer Norton had questions on surface runoff, filling, curb and gutter, sewer connection and water supply. Mr. Lindberg asked about other issues and will be submitting the answers with the plans when they are finished. SUN HEALTH SYSTEMS, INC., REQUEST Mr. Fisher was present to review the Sun Health Systems services as they propose to use the site at 6000 Chaska Road. Mr. Fisher and Marilyn Sampson, President of Sun Health Systems, felt their use did meet with the zoning requirements of the R-C zone as a professional office use, not a commercial retail sales. Rascop questioned whether there was any retail sales planned for this office. Ms. Sampson said they would be selling vitamins and diet systems. The managers of this new business spoke in favor of the business and related similarity to a health facility. Haugen and Stover did not feel that the current R-C zoning listed this as an allowable use, that it would require a Zoning Ordinance Text Amendment. Stover moved, Haugen seconded, to agree with Planners staff report that stated that the current zoning does not allow this type of use. Motion carried, 4 - ayes, 1 - nay (Rascop). Council recommended that they contact the planner for direction. DOCK LICENSE APPROVAL - 1984 RESOLUTION NO. 10-84. Haugen moved, Gagne seconded, to approve the following 1984 Dock license as submitted with no changes from the 1983 licenses issued: 1. Howard's Point Marina, Inc. 2. Minnetonka Portable Dredging 3. Mrs. Adeline D. Johnston 4. Minnetonka Moorings, Inc., and The Shorewood Yacht Club, Inc. 5. Boulder Bridge Farm, Inc. Motion carried unanimously. 5 - ayes. Haugen moved to request further information on the configuration change from the 1983 license. If no clarification is made, the council will act on the 1983 request. Seconded by Gagne, motion carried unanimously. 5 -,ayes. . R~AR COUNCIL MINUTES MONDAY, FEBRUARY 26, 1984 page three " ORDINANCE NO. 156 WATER REGULATIONS ORDINANCE The second reading of the "Water Regulation Ordinance" was reviewed by the Council. Gagne moved, Haugen seconded, to accept the second reading as amended and adopt the a:ended ~:~inance adopted by roll call vote. 5 - ayes. WATER RATES \ O'-~ RESOLUTION NO. 11-84. Moved by Ga c nded by Haugen, to adopt by Resolution the water rates effec ch 31, 1984, of $17.50 - 17,500 gallon minimum plus $1.00 00 gallons over the minimum per quarter for each user. Resolution ed by roll call vote. 5 - ayes. WATER RATE STUDY The council reviewed the recommendation from the Finance Committee on new water rates. The committee recommended a reduced rate for l'low-income seniors." Attorney Larson suggested the City may be discriminating to single out only "low income seniors." Gagne recommended to delete item #3 from the Finance Committee's recommendation, seconded by Rascop. NEW MUNICIPAL WATER RATES RESOLUTION NO. 12-84. Gagne moved, seconded by Shaw, to adopt the Finance Committee's recommendation, dated 2/13/84, omitting item #3 into Resolution effective April 1, 1984. Resolution adopted by roll call vote. 5 - ayes. PLANNING COMMISSION REPORT Haugen reported on the Commission's review of the Rapid Oil Change signage request. The planner reviewed the proposed zoning map and indicated areas that will need further clarifi- cation before being finalized. Also, discussion on various proposals to re-arrange the Vine Hill and Highway 7 intersections. PARK COMMISSION REPORT Shaw reported on the continuing plans and additional meeting to prepare for the 1984 Festival of Parks. ENGINEER REPORT Amesbury M~p1 Well Pump/Motor Engineer Norton explained to the Council the problems that have been encountered with the main well pump/motor in the Amesbury pumphouse. Norton presented estimates of repairing or replacing the pump motor. He recommended the new motor at the cost of $2,926.00 instead of $2,066.00 for repairs. . _GULAR COUNCIL MINUTES NDAY, FEBRUARY 26, 1984 page four ENGINEER REPORT Amesbury Main Well Pump/Motor - continued RESLOLUTION NO. 12-84 Haugen moved, Gagne seconded, to accept the Engineer's recommenda- tion and approve the replacement of the pumphouse motor at a cost of $2,926.00, or less, by Bergerson-Caswell, Inc. Motion carried unanimously. ADMINISTRATIVE REPORT Tree Bids Clerk Kennelly requested the Council to allow "contractor remove diseased trees" to be bid out in groups of trees according to areas instead of bids on each individual tree. Gagne moved, Stover seconded, to approve "bid area" as submitted on a list by the Clerk and advertise for bids, all bidders to include a Certificate of Insurance and Workmen's Compensation or a signed waiver stating why Workmen's Compensation is not necessary and holding the city harmless in case of any accident. Motion carried. Temporary Appointment Recommendation was made to temporarily appoint Julie Story to Patty Ray's position until she can resume her duties. She has been placed on a contract, based at $5.50 per hour, flat rate, with no benefits paid. Gagne moved, Haugen seconded to approve the temporary position of Julie Story with a signed contract drawn by Attorney Larson. Motion carried. Ice Rinks City ice rinks were closed effective February, 16, 1984. Office Equipment Sale Council approved the advertisment and sale of miscellaneous office desk by sealed bids. MAYOR REPORT Temporary Salary Increase Rascop recommended to increase Clerk Kennelly's salary by $200.00 a month due to the added responsibility due to the resignation of the Administrator, effective the date of resignation until appoint- ment of a new administrator. Rascop moved, Haugen seconded to approve the $200.00 a month tempor- ary increase for Clerk Kennelly. Motion carried unanimously. . .REGULAR COUNCIL MINUTES . MONDAY, FEBRUARY 26, 1984 page five MAYOR REPORT - continued Police Reserve Dinner Donation Rascop requested the approval of a donation in the amount of $225.00 for the City portion for the Police Reserve Dinner to be held at the Minnetonka Mist. Shaw moved, Gagne seconded, to approve the $225.00 donation. Motion carried. Joint Manager - ExcelsiorjShorewood Rascop informed the council of a proposal from Tim Madigan, Manager of Excelsior, to share a joint manager with Excelsior with some exchange of Shorewoods Planner's services. Council discussed the "pro's" and con's" and other shared services. Haugen was directed to set up a joint meeting with Excelsior to discuss this proposal. L.M.C.D Adopts New Ordinance Rascop reported on L.M.C.D. meeting and the new Ordinances which contains: 1. 20 mph night speed limit 2. No boats should anchor between channel markers 3. Coast guard approved jackets will be required for each person in the boat and one for each skier--skiers can use any type of floatation devise. Conference - Analyzing New Development Rascop would like to attend a development conference costing $125.00 for registration. Gagne moved, Shaw seconded, to allow the expense for this confer- ence to be attended by Mayor Rascop. Motion carried. 4 - ayes, 1 - sustain. Minnesota Chapter Information given to Attorney for review and return to the Council with a report. COUNCIL REPORT Finance Co~mittee Stover indicated that there were two positions available on the Finance Committee. Council directed staff to notify the newspapers reporters of these openings in the papers for coments in the papers. . 4ItEGULAR COUNCIL MINUTES MONDAY, FEBRUARY 26, 1984 page six COUNCIL REPORT - continued Police Department Shaw commented that he felt the Police Department had reduced their patroling on Highway 7 as requested. Council would like to meet the new Police Chief, Richard P. Young, at the March 12, 1984 meeting. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, Gagne seconded to approve claims for payment to be followed by adjournment at 10:30 PM. General Fund [Acct # 00166] Checks 28358-28432 Liquor Fund [Acct # 00174] Checks 1869-1893 $82,935.31 $14,124.49 Respectfully Submitted, Mayor Sandra L. Kennelly City Clerk .. Check # 28358 28359 28360 28361 28362 28363 28364 28365 28366 28367 28368 28369 28370 28371 28372 28373 28374 28375 28376 28377 28378 28379 28380 28381 28382 28383 28384 28385 28386 28387 28388 28389 28390 28391 28392 28393 28394 28395 28396 28397 28398 28399 28400 28401 28402 28403 28404 28405 28406 28407 28408 28409 28410 28411 28412 GENERA~ND - BILLS PAID SINCE FE~ARY 20, 1984 TO WHOM PAID American Natl Bank Void American Natl Bank Internatl Municipal Clerks Dept of Conferences Putnam in Service Co. Gary Larson P.A. Abel Heating Inc. AT&T Systems Acro Minnesota Inc. Bacon Drug Inc. Berry Auto Inc. Chanhassen Lawn & Sports Clark Oil Company Hecksels Midwest Supply Barabara Fletcher Void Grainger, W.W. Inc. Gross Office Supply Hance Hardware Hopkins Parts Co. W. Henn Human Services Henn County Louieville Landfill Mayer & Sons Void Midwest Asphalt Corp. Navarre Hardware N.S. Power Company N.W. Bell Void Orr-Schelen-Mayeron Olsen Cable Co. Satellite Industries Risk Control Tonka Equipment Tonka Auto Supply Tonka Printing Village Sanitation Water Products Ziegler Inc. Ziegler Inc. Evelyn Beck Roberta Dybvik Sandra Kennelly Doug Uhrhammer Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Sue Niccum Brad Nielsen Robert Quaas Dan Randall PURPOSE: Bond Payment Bond Payment Clerk School Clerk School Uhrhammer IRA Legal Fees Pumphouse Heating Equipment Rental Office Supplies First Aid - Garage Plow Parts Truck #3 Tree Supplies Diesel Fuel Hydraulic Oil Clean C.H. Lift Station Parts Office Supplies S&W Supplies Equip Parts 1984 Contribution B&R Prisoners Dump Fees Dellwood Ln Gasoline Purchases Road Supplies Supplies for Well Electricity Telephone Service Engineer Services #20 Grader Cathcart Insurance BB Well repair pumps Parts & Shop Supplies Office Supplies - Env. Service Purchase Water Meters Equipment Parts " " Mileage " " " Salary " " " " " " " " AMOUNT $ 1,550.00 -0- 5,500.00 35.00 85.00 751. 92 2,777.10 39.60 139.06 24.61 7.13 14.00 66.86 1,112.75 34.60 35.00 -0- 47.58 28.94 l46.~6 4.64 582.00 1,093.50 4.00 415.72 -0- 75.13 1. 50 925.09 417.15 -0- 8,691. 84 81.09 105.90 550.00 90.00 67.93 72.00 49.00 94.50 1,077.04 558.17 32.64 10.56 8.80 63.65 596.46 523.27 403.07 590.36 582.78 369.03 626.05 613.81 565.22 ~ , . GENERAL FUND - 2 - Check # 28413 28414 28415 28416 28417 28418 28419 28420 28421 28422 28423 28424 28425 28426 28427 28428 28429 28430 28431 28432 TO WHOM PAID Patricia Ray Don Zdrazil Mtka State Bank Commissioner of Revenue Mayor Rascop Jan Haugen Tad Shaw Robert Gagne Kristi Stover State Treasurer Julie Story Minnegasco Katz, & Lange Ltd. Colonial Insurance Key Leasigg Metro Waste Control LMC Ins Trust Central Life Ins. SLMPSD Mpls Star & Tribune q~ ,1.;. /'. ~.', . . FEBRUARY 20, 1984 PURPOSE: Salary " FWH Taxes SWH Taxes Salary " " " " FICA Taxes Salary Fuel Special Prosecution Insurance Copier Lease Sewer Charges - March March Premium " " Police Contract & Reserve Dinner Ad - Administrator Total A~r""" ..; II} ') :. ; , -' :.~, . . AMOUNT 80.72 701.66 1,037.80 578.00 150.00 100.00 100.00 100.00 100.00 1,125.98 50.88 1,495.47 547.50 46.50 223.30 20,282.16 1,454.33 1,142.77 21,109.13 171. 60 $~935.31 . LIQUOR FUND . BILLS PAID SINCE Check # 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 TO WHOM PAID RYAN PROPERTIES Harry Niemela Russell Marron Don Tharalson Stephen Thies Susan Culver Harry Feichtinger Susan Latterner Mary Skraba Dean Young Christopher Schmid State Treasurer Mtka State Bank Comm. of Revenue Johnson Bros Liquor Eagle Wine Company Midwest Wine Company Quality Wine Company NW Bell Village Sanitation Minter-Weisman Company Central Life MBA Comm. of Revenue State Treasurer FEBRUARY 27, 1984 AMOUNT $ 2,540.83 882.50 426.40 133.25 256.12 80.30 638.53 115.00 113.15 333.38 244.26 235.64 312.90 167.00 411.70 597.60 771. 72 1,176.31 163.22 59.00 603.02 83.54 10.85 3,435.54 332.72 . PURPOSE: March Rent #2 " "#1 Salary " " " " " " " " FICA wh Taxes FWH II SWH " Wine Purchases " " " " " Liquor Telephone Sanitation Service Cigarette Purchases Group Insurance Insurance Sales Tax PERA WH Total $~24.49 ~ \~~.'~ . . . ~ ,. 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Y~I-\i c:..u.J6>' 5 i I r---" y~~.- __J \ ,. re re MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 MARCH 1984 RE: RAPID OIL CHANGE - CONDITIONAL USE PERMIT FILE NO. 405 (84.02) BACKGROUND As you recall the Planning Commission reviewed a site plan and variance request for Rapid Oil Change, recommending approval of the request sub- ject to certain conditions. At that time it was determined that the issue of keeping an existing apartment above the old Vine Hill Florist shop should be handled as a separate request under the conditional use permit process. A public hearing has been scheduled for Tuesday, 6 March, to consider the C.U.P. For additional background your atten- tion is directed to the staff report dated 1 February 1984. ANALYSIS/RECOMMENDATION The original staff report takes the position that the apartment should be eliminated within one year of approval. From a planning standpoint that position has not changed. If, however, the City is inclined to allow the apartment use to continue, it is suggested that it be handled consistently with the approvals that were granted for the Shorewood Nursery and Minnesota Mini Storage request. That is, to allow an apart- ment unit only when accessory to the principal use. A copy of the Ordi- nance amendment for Shorewood Nursery is attached as Exhibit A. Pre- sumably if the City approves the apartment at all, it would be subject to the same conditions. A Rp~irlpnri;,1 r:nmmlJnitv on I.akp Minnf"()nka'~ ,C)ol)th Shorp ~t1L- ( (" . . PLANNING REPORT RAPID OIL CHANGE page two As a final note, the Planning Commission should be aware that the City Council has held the public hearing for the variance. They have tabled any decision on the variance and site plan until the Planning Commission has made its recommendation on the apartment use. It was felt that if the variance were approved without addressing the apartment, we may lose the authority to control it. Any conditional use which doesn't include specific conditions (as is the case with with apartments in the current C-3 District) may end up being treated as a permitted use if the matter ever ended up in court. The Shorewood Yacht Club is a case in point. If there are any questions relative to this matter, please do not hesi- tate to contact my office. BJN:sn cc: Sandy Kennelly Jim Norton Gary Larson Sue Niccum Miles Lindberg Ed Flaherty .... \ .~ ~ ~ (. (" . PLANNING REPORT RAPID OIL CHANGE page two As a final note, the Planning Commission should be aware that the City Council has held the public hearing for the variance. They have tabled any decision on the variance and site plan until the Planning Commission has made its recommendation on the apartment use. It was felt that if the variance were approved without addressing the apartment, we may lose the authority to control it. Any conditional use which doesn't include specific conditions (as is the case with with apartments in the current C-3 District) may end up being treated as a permitted use if the matter ever ended up in court. The Shorewood Yacht Club is a case in point. If there are any questions relative to this matter, please do not hesi- tate to contact my office. BJN:sn cc: Sandy Kennelly Jim Norton Gary Larson Sue Niccum Miles Lindberg Ed Flaherty .. ~ (e re /52 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 77. BEING AN ORDINANCE FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, ORDER CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION, AREA. SIZE. USE AND HEIGHT OF BUILDING ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF SHOREWOOD, MINNESOTA The City Council of the City of Shorewood. Minnesota. does ordain: Section 1. That Ordinance No. 77, Section 22A, Subdivision 3, as amended by Ordinance No. 99, is hereby amended to include: "D. Single family dwelling unit either detached or as part of a principle structure, provided that: 1. The residence is only accessory to an actlvlty allowed as a permitted use or conditional use within this Section. 2. The residence is occupied only by the owner of the principle use, or a caretaker of the principle use, and his family. 3. The residence shall not be rented to or occupied by someone not affiliated with the principle use of the property. Section 2. That this Ordinance shall take affect fro~ and after it's passage and publication according to law. tA ADOP~ED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD. this ~-day of lJe.a. e.1'r\ C ~~ ,1983. Robert Rascop. ~ayor ATTEST: ~~~~ ~.,~~~ I c/. r Clty Clerk ~':::hi1:it .. ~u.I~...:.:.Q.~~01:..JL:'.:::;':;' ::~ ;-._~ )2 ';"i.C; .l~p3..r~r.len.t3 uy conJ.l ~lOl~G.l "J.sc in tl:C C-1 .;i:.;':~ric ~ ,< . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: 9 MARCH 1984 RE: RAPID OIL CHANGE - CONDITIONAL USE PERMIT MOTION: Watten moved, Leslie seconded, to recommend to Council to deny the variance to the Conditional Use Permit, restricting Rapid Oil Change to total compliance of Ordinance 152 (caretaker apartment-Gary Minion-Shorewood Nursery). Motion carried unan- imously by Roll Call Vote - Reese, Boyd, Benson, Watten and Leslie. DISCUSSION: Miles Lindberg of BRW informed the Commission that MNDOT has approved, and is preparing their permit, contingent upon the following conditions: 1. traffic control - 1 stop sign must be placed at each driveway (2) 2. Rapid Oil must extend the existing b1tuminous curbs across the site where the modification is taking place 3. The area within the r.o.w. must be restored with seed or sod (MNDOT said the location of the curb cuts is okay) Mr. Flaherty prefaced his remarks with the statement that their plan is to take the building down, and didn't because of short notice. Also that Ordinance 152 is a bit limiting. he said they need the income from the apartment during the time the business is getting on its feet. The Planning Commission remarked that if the apartment was turned into office space, rental income would still be received. A Rp~irfpnrial Cnmmllnitv nn lak,. Minnptnnka~~ Snllth Shnrp Cob ,# . . MEMORANDUM - PLANNING RAPID OIL CHANGE 9 MARCH 1984 Mr. Flaherty pointed out that the apartment has been in existence for 33 years without any problems. He offered the following suggestions to allow them to keep it as a open rental unit. 1. 2 separate leases - one for office rental and a separate one on the apartment controlled directly by Rapid Oil Change. 2. Annual lease review by Council with immediate revocation if any problems arise. 3. 7 years (including the conditions in 2), at the end of which time the building will be torn down. *Planner Nielsen stated he did not think a time limit could be put on a C.U.P., and suggested checking with Attorney Larson. He did say he liked the idea of separate leases. Miles Lindgren asked if the problem could be handled under a "Developer's Agreement". t . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD N1ELSEN DATE: 5 MARCH 1984 RE: SHOREWOOD CONDOMINIUMS - DEVELOPMENT STAGE FILE NO.: 405 (83.06) /t]15 The above-referenced proj~ewgranted Concept Stage approval for a Planned Unit DevelopmeIton 13 Jun .1984 Since then Tingewood, Inc., the original applicant, has apparently . the project to Band E Construction Company to build the project. It should be noted that the P.U.D. Ordinance requires Development Stage plans to be submitted within six months of Concept Stage approval. The developer complied with this requirement, but the City staff has delayed Development Stage review pending some additional information and a determination by the City on water service. So as to eliminate any further delay, the attached drawings will be reviewed at the 6 March 1984 Planning Commission meeting for Development Stage approval. SITE PLAN (Exhibit A, Attached) This drawing shows the location of the building and site improvements, the proposed grading for the site and proposed utility service. Worth noting is the fact that the Building ~nd parking setbacks conform to those recommended in the Concept Stage of the review process. Most importantly, a 50 foot setback has been provided along the north side of the site. The applicant has also added a swimming pool on the west side of the building for the use of future residents. He may at some later date decide to enclose the pool. In making its decision on this stage of the project, the City should keep that possibility in mind. The grading, drainage and utilities shown on the plan are subject to formal review and comment by the City Engineer. Although the applicant has shown a holding pond to handle his project's runoff and to detain runoff which currently enters the site from the east and south, the detailed grading of the pond has not been shown. This should be addressed in the City Engineer's report. 1a . 411LEMO FROM THE PLANNER SHOREWOOD CONDOMINIUMS 5 MARCH 1984 page two Relative to utilities, the City must also decide water to the project or allow it to be hooked up water main on County Road 19. whether to extend Shorewood to the existing Tonka Bay Prior to the Final Plan stage of the review process, the appl icant should obtain written approval from ~nnepin County regarding the access onto County Road 19. The proposed simple subdivision dividing the proposed office building from the condo site should not be approved u~til the Final Plan Stage of the project in order to ensure that maintenance and ownership of common parking areas are included in the development agreement for the project. LANDSCAPE DESIGN (Exhibit B, Attached) Based upon a City staff recommendation the applicant has modified an original plan to that which is shown on Exhibit B. Given the existing development surrounding the site, the major concern with respect to landscaping is screening the proposed ?arking lot frow the residential property to the north. The plan shows a mixture of Austrian and Scoth Pine along the northerly border. While these will eventually provide a year round buffer, it is suggested that a few additional trees be planted in a staggered row on the south side of those which are shown to minimize the row effect and increase the density of the buffer. One of the items which will be required in the Final Plan Stage is a letter of credit or performance bond to ensure that plant materials will be main- tained for at least one growing season. As part of the Final Plan the developer should submit a bid from a certified nurseryman, based upon the planting schedule shown in the Landscape Plan. It should be noted that the 6 foot Cocos Nucifiera shown on the west side of the building is not included in the planting schedule. The developerihould~learly understand that the actual landscaping will be done as shown on the approved Landscape Plan. BUILDING PLANS (Exhibit C, Attached) .Only the east and south elevations the proposed buliding are shown Exhibit C. Full scale plans showing the other side of the building and floor plans willbe presented and discussed at the meeting on 6 March. The applicant has suggested that ~me minor cosmetic changes _ may be made to the building facade. These also pill be discussed at the meeting. RECOMMENDATION It is suggested that the Planning Commission recommend approval of the Development Stage Plans contingent upon review and approval by the City Engineer. Once approved the staff should prepare the development agreement between the City and the develop~er. A detailed step-by-step . . c . '-------- o ~ ~ , , , 1m , , -- ---- ---" r . ~_~ r~:-- : (,;ro. . , I I I I Propos~ I I I I . : / I I i . . : o ... . III . . wo-:.:..:'t~-.:~:-,." .._ .~. .-.------ ...,. ... CONSTRUCT M H ON EXIST. SAN. SEWER 1111\.... 960.66 Pond / / /'" -----. . ,~ ~. J \ ~~----' w > <1 "": .. '" :IE :::l o I- Z <1 ~ i.Z ~~ \ \ \ ;g -..........-- '- <,~. .'fl '. -0.\ .~ o''1Jro~" \ ,"'~' ! --.-.---- .J (.~ b~_.c-3l-.. "7!l:l.7e' .1II88'3,'5Z ~~ -.,-- - ------ B III ..' . ;i( 0 T C e ._"'../ . CONST. RETAINING' '. " TOP. . 9~ . WltL~HIGH.. INV.'54.1O --_._ .~. FRAME & GRATE" '- NE"E"NAH fl 3~:l2 ' '-'-- INv.573 '''"?'60 I J TOP'6. ( . -' :::~~~.. .~ ....---' "~ONSTRVCT f)CIS1' SAN j M..... .)....M 'INV. :66.4 T;;;;C;19.91 TOP:16.~ IN'';:61,~ ~., 'Z5 _~" . INV.,rO.5 Ail-;tB _4.Q."4' .\ 9 -.,....,-..._n_n__<lEXlST. o ___./ '~IS" eM" C.8. ~CONST lot.": EXIST. .--=.: IN'/.: 71.!5 TOP' 78.12 'T ----...- ~~. " N Site Summary OWNER B 8 E Construction 8~ 3rd Ave. N.E. New Brighton, MN. ~~"2 Erisrino Zonlno C-3 ond R-2 Propo..d Zonino C-3 ond PUD Ruid.nrlal Lor Area 250,925 S~ Fr. or 5.78 Ac. Ottice lot Arn 11,'60 Sq. Fr. or 0.27 Ac. NOTE .... Propo"d Grod.. propos..d Conlo"" _ Exisring Conrours o 20 40 80 ; 120 Residentia I Densit,: 6.77 UniU Per Acre (Gross) Lor Coverog. . Building 16.587 Sq. Fr. or 6.6'" Porklno ond Drlv..ays: ",305 Sq. Ft. or ..1'" Porking R.quir.d:'9 Spoc.s Porkino ProvIded: 42 UnMroround 19 Surfoce Space. AflPROVED: T/n.E FE'ERLEIN ADDITION P.U.D. Office Buildlno Coveran: 1960 Sq. Fr. or 17.0" PorkiltO Requ~ed:" Spoc.. ParkinO Providjd: lIS Surface Spoce. Open Space: 4.92 Ac. (R.sid_lol) 811.5" 0' PIIasino: CondO""n;.,,,, Conlfrucrion - 19.' - 1984 Sit. SCALE: HOltZ. ".ffT. REVISIONS. Jon. 6, 1984 ~::: k~. \~,~ ".40' '-.40' Exhibit A PROPOSED SIrE PLAN Sh0reWood Condmminiums FILE NO V-C'. GRAYDON R. BOECK, INC CONSUlnNG ENGmEER BROOKLYN PARK. WN. DAT.: NOV. ff, ,.., SHUT NO. t , SHEETS O.S/OIII: G.R... Offw. 1fY: J.It... PffO./ECT NO. 83115 .---' // ---------~ ,~ "0' 9~O ~ '" o ~ \ \ \ I o 20 40 Exhibit B PROPOSED LA~IDSCAPE PLAN . . 0\ : .. o .. ; ; at o z ~.. . 9f,o ci 0: \ \ \ \ ..:~ ,q~ 676 23 c:i ~ \. ~1 " . I /" <".~~ ! I Propos~d Pond , JA~K PlPE \ A/:;'HfNN CO.1 ~C~S;~l/~:'ST 5:f: SA~ SEWf~ iN\.: %006 \ \ " ,---- UJ > '!' <l '11; '" '" :E. " :) o l- 950 i Z <l. ~ ...Ii ,Do" ,~p ~6c;~ ~~'" '-' 7,..OJ r .--------- ~ - - - - _960- ~ ~ 24" ,E.;"ing Z~r.ing C-31 ~ LONG f'. ,"~ T "" A__ w. l> ,199~ '~~'-6; ~ \_,--/ ,_.- '---~_.----~ 755,711 . ... 88- 3, ~2: *-:. 'CO~S~t.VC T .MH Il'W'66,4 TOP,76.5> ----~!.L~70R 25'-2-/" '''''''70.5 ) AL/lJ.tv-:- _4.f.~ __~ .h __.- /. . 10' .' . ~ le- <... . ~!j,. .,- CONST M.H EX..T. .------:-- " I Nv: 71.!5 TOP= 78.12 ---- tEr/sflng ZOAtn'O R-Z) "'./-- ..:)fXIST C..8, .,. f , N ~ i Site Summary OWNER 8 Ii f Construction S!5 3 rd Aile, N. f. New Brighton, MN. 55112 E"sl,ng Zoning C-3 ond R-2 Proposed Zoning C-3 ond PUD Residenliol Lot Areo 250,925 S4- Ft. 0' 5.1'. Ac. Office Lot Area 11,560 Sq Ft, or 0,21 Ac. PLAXTl ~G CC}r.1\1~ ~AJ.;L r.reeh Ash RUSSIan OlIve AmerIcan L.lnden R.o 1wi, 110&"004 ACTean . Ba rheTTY Alrlne 'urT~nt Ando fa J un i per A\l;strian PiDe koteb Pi". SCLl'lJvLL S l:r .\1 PLA~T1~C 21"'~ .. 3" Callper (,' .." 1 ~/4H ~lll'er 3' .. 4' 3.' ...' 3' ..",' Z ,allon pot 4' II' .a' 6,' NOTE ~:Al"j(L SlZL SO' 2S' bS' 10' 11' S' Z' SO' 60' llll A 8 (; II L r G Ia 1 ~. 3 4 Z 4 7 S 7 S 6 .... Propottd Grod.. Propottd Conlo"'. E.isting Conlour. ........, Erosion Conlrol, Hor eo... or Filte, Fabric Residential DensilY; 6.77 Unlit Pe, Ac,e (Gronl LOI Co.eroge Building '6.581 Sq. F" 0' 6,6'" Parting and Drivewayt: 15,305 54. Ff. 0, ..1'" Part,nll Required: 59 Spaces Parting P'ovlded: 42 Underg,ound I SI Surfoce Spoce. TltL. FEIERLEIN ADDITION LANDSCAPE PLAN APPROVED: 80 120 Office Building Cove,age: 1960 Sq, Ft, 0' 11.0'" Parting Requl(ed: 15 'POC" PortIng Provided' 15 Surfoce Spoce. Open Spoce: 4.92 Ac. (Ruld_loll 85.5'" of S"e Phosing: Condomin...... Con.tructlOll- 1983 - 198. SCALE: HOltZ. IIE"T. "EVIStON.. Jail. 6. 'Sl84 Fa /7 'SlS4 Fell. d. /9114 '..40' " '40' DESIO#lI: Gft" DRWI, BY: J,R,a, PROACT NO. 83115 DATE: NOV. 22, 1M3 SHEET NQ I , SHEETS GRAYDON R, BOECK, INe CONSUL TINO ENGINEER BROOKLYN PARK UN. ! FILE NO v-c-e '. . . .. U.'D ~P-A...'-e. Po'" ,'r --~ ~ -. -='~...;;,;;.- ~"""--'-=-. -- - - --- ' - ,. ..---. -- . . - -~~-7~~~;:'~;~-=~Ft~:.:~+~, -. '..._-- _~_ . ~--o;; ~..-. -.' -..',,,": ..-.-- . - - - ..-,- ~ff~f~::~:~:-~~7;J.: -.- - - .~ --_. --- -,,-. . -=-- -.,.--.~...;,- -~--_::~---'-::::# =::- ~-.'-':_-:"-:::---="':"'-=" /~ ?t.~t~~!~ ~ ----=-~- - --,~-" -~ --- . .... ~ -.---: - -- -. . .",..- tAQ..~~ " ~M ~p 4' H....llD~P ~ ~"'~~ ,D ;[[1 nl ;rn--' 1 :." I ; I I DJ..~-. 1..- t , t[Jt Irn1 1[. 1. ,J ,IT] 1. f 1 i I -...;.._.~-.--=' If,E.f'AI"-'''' i~' ~ ",e.Qo' ~t~~ ~-rAINlJ.U.o ~ ~GlO- E..AS f f,LE.VAflOU 110- fa 1'61" 4' HA~~-"'D L.AP ~'IPIU:':" ----- irT"-~~ ! :! , r::---- ~~ n.. '..1 W- , r- t 10 lTI -EJ-: -. LI ~; ~ , .!' ~ r-: . I :--1 I[J " ; ';1 ,n: it ' [,=i 'W :F"ij-l :L_l,~l r----! ' I Zf-"O c.l-f'..AAA~'-C ".,.. Uw ,.,. -- . 24.0" .-~':.I'l1A.,..:r ~"IL."'-<'..;; ,,' f"Fl.11-1 e: ~o OWNER I \ . a I CONSTIIUCTION .. 1110 AVI. LI. MI. .III0NTON..." III Exhibit C BUILDING ELEVATIONS <' SOLJfH t15~ f:.Lf:VAfIO hJ fp I'-t-" " --..'. \ " MEMORANDUM . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: 8 MARCH 1984 RE: SHOREWOOD CONDOS MOTION: Watten moved, Boyd seconded, to recommend to Council to approve the Development stage, when reviewed by the City Engineer and The Park Commission, as recommended by Planner Nielsen. Roll Call Vote - 4 ayes - Benson, Boyd, Leslie and Watten, 1 abstain - Reese DISCUSSION: Graydon R. Boeck, Engineer and Mr. Gage, their Architect were present. Items discussed were: screening on North side of property Building angle - Tingewood preferred different angle but had to do it the way shown on the plan to meet the 50' setback. Drainage - Tingewood has talked to to aid in directing the drainage. was agreeable to the idea. Tom Thumb about using their back area Tom Thumb, according to Tingewood, A berm was mentioned, to be built on the North side of the holding pond. Pumps placed in the basement of the unit were also discussed. Water - Tingewood's preference is to hook up to Shorewood's water. Alternatives mentioned, in case above is not possible, were 1. hooking up to Tonka Bay water, and 2. a well. Landscaping - A landscape plan was submitted. Mr. Borchart was present to ask if he could have a copy of the landscape plans. It was suggested, by Tingewood, that Mr. Borchart meet with them and they would go over the plans together. A Rp~irlpntial f:ommunitv on lake MinnP.tonka~~ South Shore lb SHOREWOOD MEMO: SHOREWOOD CONDOS TO: MAYOR AND CITY COUNCIL DATE: MARCH 12, 1984 FROM: SUE NICCUM PLEASE NOTE IN YOUR SHOREWOOD CONDO REPORT, MR. GAGE WAS REFERRED TO AS AN ARCHITECT. HE IS NOT AN ARCHITECT BUT A DESIGN CONSULTANT. ALSO, YOU MAY WISH TO MAKE A NOTATION ON THE TWO REPORTS I GAVE YOU (SHOREWOOD CONDO AND RAPID OIL CHANGE) THAT THEY ARE BASED ON EXCERPTS FROM THE MARCH 6, 1984 PLANNING COMMISSION MEETING. ....--- _...... A . :-....~ ~" ............. --.-. '(\f - \. -r ,1;",',;;;....'(. (;1 L yo ., .7.;- . . .~ . ~ : C" ....) /"'..t;. ~~~ - ---~- ,,~ ;. .;.... ... ~. . .. . 'A' ::r:: ~ - .....-- .~ l' ....:;:., ,:/ '" ~ - .... .1"') ';'-/:1;1._ "~ . -. I! . . So.: ..[;If,,.......<:); .u . '>i'I:ji:" .:. ,--....,.. . ..... .~~ . 'cf' r~ t' u 0 " '-> cP ~ ...:J A r ) ~~.' . <\ l' , ~~ ""l:. (, ;: r- ,~;'~ .? :;"'.: ',~ .' ., ~ ~ ~() .;. ,~.~ Ci .,~~ ... ~) Q , ...... . -- ()'- '"" U' ~ ('. {) ~ .. ~" '^ .r<) - ~ t'..r .?":" ' ,!', . :.~ .;:~.I~\~~i;:;:\;Ai~.r~. ': if . ./'?:, '.ii.:..;~1-~:"''..,~:;:'- ;f::,~, t::~<'~'i: ' ~'"'''~.'~--~~~'':''''!\-''' ~:e:'4:/"';'" : ;II':..~,~;iY;>:f"" . 'g.'l,';~:~i\~Ji~;i?fj;)';~ ."..~. ',."" ..1i~1}'iiiL':. , .... ,.,..,.".--, ',~~, .,~i.~at;J1\.;,<::(;:{ ~~:~'.,R~ 't ;"h..?~?'t,. , i, " "'.' ..;of "':'~" ;'H..' .~, ,. . t""'" ,. - .. .' ~:)i~~,~r~ .": .;i~"tj'~ ;;. ,3 ...~!;>. .'.. ""'~'i; "i,.;rt'~~:-1.,f'. <i4!:qr~' "", ;X'>,.:;:~ ':' ~ . \. .f,t.....'..,...:c:,...'.........:ij;. ;' , . .;. r l;~.t~c~.;~. -:..;~.~"t~.~~.\ .', .~4::.:.;.~!:~~ ,~>,.!~ q ..:~,.:,~).~~'S~~;~,' ~ 1 .'. ~..;.. ,', _' ~ ~;.~~, ..r':..r,.;~j::~~......, '1 '. - ;'ll:~ . . ",' :~:.. "-4 "_"I. ~ ,..,.,.'#1o\l.C'"",,,"",, .. "-J ., '.;~"J:1r~;;;'.;+~'" ~',. ~},iiJlfA1;. \:J-, .,-; .,IP-""itjl 'J!.;:' ' ..,.';:' ..... .' - - "a;, l~ .1 :;:};;'.'/~~;;.."'~' ;\)" . ^ j.. >>.t' ; ,"~.)!'. ~T~?~(0~~ 'r i,Y;' ,'.;i ,I I I i t .. r, ~ (Orfl~I.1 P.lIl1ull..) ORDINANCE. NO. III AN ORDINANCE PROVIDING ,.OR l.AW""I. INnOP:NTAI. rRIVATP: "liP: 0.. "IJ'U.I(:I.Y OWNED RIGIIT.Or.WAYS The City Council 01 lhe Clt, 01 Shorewood, Mlnne.ota ordain. II 101- low.: SECTION I. Pn.... Th. public welln. requlru that th. public rI,hl-ol-wlY. within the Clt, 01 Shorewood, Includln, hl,h. WI", road., .treet. and alley., be reaened lor public purpo.... Public: u.e 01 the lull wldlh 01 the rllht.of- way. I. nKuury to public .alet, and the proper Ind efficient main. tenanee of the rllht-of...a,.. How. ever, It I. reco,nlzN thlt IlIftlted private u.e or encroachment o.to tile rltht.of-"I" I. not necesurn, ID- con.l.tent with public u.e, It II the, purpote of thl. ordinance to proYlde lor II..CuI Incldentll print. UN of publicly owned rl,ht.of-.aY"Dot ID- con.l.tent with public Ute. _ ',;" SECTION,II. \ '. '~,' The rllht to u.. publlcl,- oWlM4' rllht-of-wl" ..Ithln the Clt,'.., Shore wood lor Iny prlYlte u.e or purpote other, than the prtma" purpo.e 01 public travel, wbether .uch UN con.lItutea .. .ubllaJIUaJ or Incldentll u.e, may be Icqulred onl)' throulh permit .rlnted pursuaat to thl. ordinance. Any prlvlte propert)' located within or encroachlnl upon publicly owned rllht-ol,wIY', whlcb h.. not been luthorlzed In ac. cordance with thl. ordinance, .hall be unlawful Ind .ubJect to removll. SECTION III. Any penon ma, Ipply to the Clt, Council of the City 01 Shorewood lor a permit to keep or maintain private property within a publicly owned rllhl-ol-way. The Ippllcatlon .hall be In wrltln. and mull de.crlbe with .peclflclty the private property and rl,ht.ol-way Involved, and the nature and utent 01 the reque.ted encroach. ment. The City Council ma, IranUhe permit 01 It I. determined that theute applied for I. Incidental and not In. con.l.tent with ule and efflclenl pub. IIc u... However, DO permit will be ISlUN unlllthe applicant h.. a,reN In wrllln, to waive an)' rl,ht to reo cover Irom the City 01 Shore wood for damale occurrln, to the ","opert, located within the rllht.of.way which may re.ult from the performance of the City 01 Shore wood or It. acentl of It. public dullea requlrN by la., SECTION IV. The City 01 Shorewood reaerve. the rl,ht to revoke any permit ,ranted under thl. ordinance .. may be reo qulrN by the public Intereat. SECTION V. An, penon, firm or corporltlon .ho .hlll violate an, of the rro. vl.lonl of thl. ordinance .hal be ,ullt)' of I ml.demeanor and upon convIction thereof .hlll be punl.hed by I fine not to uceed $300,00 and/or by Imprisonment for not to uceN 10 dlY', SECTION VI. Thl. ordinance .hlll talre effect .Ix month. from Ind after ltl pa.II,e 'Ind publication. ADOPTED by the City Council the 21th day of May, 1810. STEVE FRAZIER Mlyor ATTEST: EIII I. WIIt..y Clerk-Administrator (June t1, 1910).LAKE LOT TAKE SHELTER INC. t bI do ~. r;' ,0 0 tV , ~ Q " w V) I , Q ~Q { 0 dO ~~'"' r!. ,0 i",.7 \5' ~~ 1 , l- I ZJ :t 0 <:J 0 :J ~ Q " J , I :t '-.J /0'1.1 "=4-..: <1- -I. III r)-o ~ ~ ,lo. lul.9 I I 10'l.q. 3<os ~ /3l SJ @~ ~ 3~.5 106'<\" '/0 , / . '>,':!l if} 6 I I I I \ RVEYS COMPANY, INC. . LAND SURVEYORS OICE NO. 12QL.L. F. B. NO. 21.. 7-1 f, SCALE I" 20 I 0- DENOTES 1 RON REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601 . 73rd Avenue North 560.3093 Minneapolis, Minnesota 55428 &ururyors OItrtifltatt Elevation datum assumed Q Denotes wood hub set for excavation IDD!' Denotes existing elevation C~"] Denotes proposed elevation ~ Denotes proposed surface drainage MAPLE AVENUE: (UNC.,l<...A..DE: e>) --/50.0 -- I (I , , , , , q/ 6', .- "" 0&:' '.b I . I Q I 'iii ,'- ,: 110,8 ? I 08.<1 ..;r,'~ -I 1 /0(30'5 /..) _J 2!c4-" -oQ) 'v u &~.9&1l o '_" . \. VI l') , a:~ - ~: ,;J -, J ,olJ.S 4- /06).3 -- /50.0-- 'Vi 10 ('- r," I I l..._ r- J '..j /-r' L Pro posed lowes t floor = 1/0.0 Lots 13 and 14, Minnewashta according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. t 001,1 /01).5 to (j () " I I I /10.0 I w. hereby certify that this is a (rue and correct representation of a survey of tho boundaries 01 the lbovl described Ilnd Ind lhe loco lion 01 III build. In,,"nd vl.lbll Incr_hmonts. II any. from or on .ald Ilnd. SurvOVld by u. thl~dlY of Februarv 19 81o. "'~,...,Ol"~"'-'~,~A.'."'';;'" :... <6 ST!E OF MINNESOTA · OFFICE OF THl!: A'l'TOU.XEY GI~XER.\.J. HUBERT H. HUMPHREY. III ATTORNEY GENERAL ST. PAUL 551G5 ADDRESS REPLY TO: 102 CAPITOL BUILDING ST. PAUL, MN 55155 TELEPHONE: (612) 297-3647 March 2, 1984 Gary Larson, P.A. Law Offices 464 Second Street Excelsior, MN 55331 Dear Mr. Larson: This is in reply to your letter concerning the authority of the City of Shorewood, under Minn. Stat. ~ 444.075 (1982), as amended, to finance its "water operating budget." You state that in 1973, in an area of the city called Shady Hills, the city constructed water laterals to serve the homes in that area and assessed the full cost of the construction to the residents. The water that services that lateral comes from the City of Minnetonka water system. There are presently 36 connections to that system. The City of Shorewood bills its residents individually (a metered rate at the same rate as all other residents in the city) and pays a bulk rate directly to the City of Minnetonka. Additionally, in the City of Shorewood there are nine connections to the Tonka Bay system, five connections to the Chanhassen system and twenty-nine connections to the Excelsior system, all handled on a basis similar to that in the Shady Hills area. A private developer drilled two wells, provided the pump house, trunks and laterals for a water system in an area called Amesbury, and then donated that water system to the City of Shorewood. The Arnesbury system presently has 89 Shorewood residents and 5 Deephaven residents hooked up. Again, the Amesbury residents are billed at a metered rate on a same basis as all other water users in the City 'of Shorewood. Additionally, a developer has constructed a well and pump house in an area called Woodhaven and has donated that water system to the city. That system presently has four connections. A similar situation exists for an area designated as Boulder Bridge where the developer had drilled two wells, constructed the laterals, trunks, pump house and donated the same to the city. That system has nine hook-ups. The city has contracts with the developers for the Woodhaven and Boulder Bridge developments wherein if the city provides any additional hook-ups to the system outside the Woodhaven and Boulder Bridge platted areas, the city will pay the developer back a certain cost for the over-sizing of the system by the developer. "'" I=n"AI OPPORTUNITY EMPLOYER ".;:.~,. I/o.- . ~, . . Gary Larson, P.A. -2- The city owns one additional well known as the badger well, which is the only well which was constructed and paid for by the city. The cost of that badger well and pump house, trunks and laterals is approximately $200,000: $140,000 was paid for by revenue bonds and $60,000 by 429 assessment bonds. The badger well has 18 hook-ups. The city presently charges for water at the rate of $17.50 minimum per quarter for 17,500 gallons and an additional dollar for each thousand gallons over that during the quarter. In preparing the budget for the water system for 1984, the city council budgeted $136,839 which includes some debt retirement (approximately $16,000) and depreciation costs ($44,000). If the city were to charge all the residents in the city using water, the actual cost of operating the system would have to be approximately $55 per month per user. If the city were to only charge those residents in the city that are hooked up to the city water system, as opposed to Minnetonka, Tonka Bay, Excelsior, or Chanhassen, then the cost would be approximately $92 per month per user. section 444.075 provides that the city charge for the use of water on a "just and equitable" basis and also provides that the city charges "shall be as nearly as possible proportionate to the cost of furnishing the same." The city has in its general levy budgeted to pay a portion of the water operating budget out of the general fund for the year 1984 and several residents have objected to this. They cite section 444.075 as requiring the city to charge the full cost of the water budget directly to the water users. In connection with these facts you ask the following questions: Question one: Can the city pay for a portion of the water operating budget out of the general revenues or does section 444.075 provide that the city must charge the full cost of the water operating budget to the water users? Question two: Depending upon how question number one is answered, can the city in this case charge> the full cost of operating the water system to the water users? Question three: Depending upon how the first two questions are answered, can the city charge all of the water users in the city the cost of the operating budget, or only those hooked up to the Shorewood water system: i.e., not those hooked up to the other city systems? '" . . Gary Larson, P.A. -3- In view of the factual determinations involved, we are not in a position to answer your specific questions other than to point out the means available to the city under section 444.075, supra, to finance a "waterworks system" or "waterworks systems". Subdivision 2 of the statute empowers the city to pay the cost of such facilities, or any portion thereof, by issuing its general obligations "which may be made payable primarily from taxes or from special assessments to be levied to pay the cost of the facilities' or from net revenues derived from water or sewer service charges or from any other nontax revenues . . . or from any two or more of such sources. . . ." The city may also issue special obligations "payable solely from such taxes or special assessments or from such revenues, or from any two or more of such sources."'};,..! Subdivision 3 of the statute provides that the cost of the facilities, as well as their "operation and use" may be recovered by the imposition of "just and equitable charges for the use and for the availability of such facilities and for connections therewith " The subdivision further provides: Such charges may be imposed with respect to facilities made available by agreement with other municipalities, counties or private corporations or individuals, as well as those owned and operated by the city or county itself. Charges made for service directly rendered shall be as nearly as possible proportionate to the cost of furnishing the same . . . In determining the reasonableness of the charges to be imposed, the governing body may give consideration to all costs of the establishment, operation, maintenance, depreciation and necessary replacements of the system, and of improvements, enlargements and extensions necessary to serve adequately the territory of the city or county including the principal and interest to become due on obligations issued or to be issued therefor. Finally, subdivision 4 authorizes the city to levy special assessments against property within the city benefited by such facilities and also to levy taxes on property within the city for such purposes. As the foregoing provisions amply demonstrate, the city has available to it a variety of means by which to finance a "waterworks system" or "waterworks systems". The capital costs thereof may be !/ Minn. Stat. ~ 444.075, subd. 2 (1982) provides, however, that "[r]eal estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." ~ . . Gary Larson, P.A. -4- recovered by various combinations of special assessments, taxes and charges. Operating expenses, on the other hand, are payable solely from charges. Whether present city facilities, or portions thereof, may properly be characterized as a "waterworks system" or "waterworks systems" or a movement toward the ultimate establishment of such a system or systems, involves factual determinations outside the scope of opinions of our office. Op. Atty. Gen. 629-a, May 9,. 1975. Also factual in nature are determinations of whether particular facilities, or portions thereof, are of benefit solely to a limited number of individual parcels as opposed to property within the city generally. Taxes can, of course, be used to finance such facilities only to the extent that general, rather than purely special, benefits are being conferred. See Op. Atty. Gen. 387-b-10, March 10, 1982, contrasting taxes and special assessments. The use of taxes to confer purely special benefits would, needless.to say, run afoul of constitutional public purpose restrictions. Minn. Const. Art. X, ~l: see generally 18A Dunnell Minnesota Digest 2d Taxation ~ 1.04 (3d ed. 1980). In view of these factual issues, we are not in a position to respond to your specific questions which, in essence, address the appropriateness of the city's use of one or more of the above income sources to finance its "water operating budget". Suffice it to say, that the city is not, in my opinion, limited by section 444.075 to financing a water system or systems solely from charges imposed upon the users thereof. The requirement in subdivision 2 that "[cJharges made for service directly rendered shall be as nearly possible proportionate to the cost of furnishing the same" must be read together with other related provisions of the statute which clearly authorize the ,recovery of certain costs (capital expenditures) by other means, i.e., special assessments and/or taxes where appropriate. Hence user charges may be adjusted to reflect the extent to which certain costs of the system or systems are otherwise recovered. The precise mix of charges, special assessments and/or taxes to be used to finance a particular system or systems is, . initially, for local officials to determine in light of the relevant facts and circumstances. Very truly yours, MICHAEL Special Assistant Attorney General MRG: j d . . February 2, 1984 Mayor and Council City of Shorewood, Minnesota The undersigned, being the fee owners of Lots 31, 32, 33, Auditor's Subdivision 141, Hennepin County and the contract purchasers of said parcels respectively, hereby petition the City to conduct a feasibil ity study for the purpose of developing a new signal controlled intersection at the Westerly end of the above described parcels on State Highway #7. We believe that this new intersection would allow an orderly development -bf the to be proposed 104 acre P.V.D. immediately to the South and East of this location, as well as the remainder of the South-East quadrant of the City of Shorewood, and would reI ieve the present congestion at the intersection of Vine Hill Road and State Highway #7 and add to the publ ic safety. We propose to commence immediately with our concept plan and will submit this plan to your staff for coordination and review as soon as possible. It is our wish to complete the P.V.D. with roads, water and sewer and all other improvements by September of 1984. Your prompt consideration is needed to make this take place. For the Owners: Horace G. Murfin "a;;;J};;;;;f>~- , Victor A. Root For the Buyers: Steiner & Koppelman, Inc. ? ! ''''/ --?.,. ....' r~::# ,J\'- -~ ~,/ ( ..,~ \,,-- 11/:"" "',. . - , . /~, <'/"'7,- ,/1- " . ,,- ~<"'-C/ Robert H. Mason, Inc. "" # ./ ,.r < /,,- /-- - --.. ,c. Mark Z. Jones Assoc., Inc. L).fY